24 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,488 times 364 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Fletcher v. Atex, Inc.
68 F.3d 1451 (2d Cir. 1995) Cited 777 times 2 Legal Analyses
Holding that the inclusion of descriptions of the parent-subsidiary relationship and the parent company's logo in the subsidiary's promotional literature did not justify piercing the corporate veil to reach the parent
Cosmas v. Hassett
886 F.2d 8 (2d Cir. 1989) Cited 859 times 1 Legal Analyses
Holding that recklessness by corporate officers had been adequately alleged where complaint contained allegations that a company had announced that its Chinese markets were an important source of revenue at the same time that the Chinese government had announced trade restrictions that were certain to curtail company sales
Jackson Nat. Life Ins. v. Merrill Lynch Co.
32 F.3d 697 (2d Cir. 1994) Cited 281 times
Holding that a plaintiff, "in order to state a claim under § 20A, must plead as a predicate an independent violation of the" Exchange Act
Katara v. D.E. Jones Commodities, Inc.
835 F.2d 966 (2d Cir. 1987) Cited 221 times
Holding that there must be allegations that defendants made "a material, false representation, [with] an intent to defraud thereby," and that plaintiffs reasonably relied on the representation, resulting in injury to plaintiffs
Greene v. Hellman
51 N.Y.2d 197 (N.Y. 1980) Cited 264 times
Holding that broker was not entitled to commission where, even assuming he introduced the parties to each other, "he did not so much as lift a finger to do anything towards" the conclusion of the transaction
Peters Griffin Woodward, Inc. v. WCSC, Inc.
88 A.D.2d 883 (N.Y. App. Div. 1982) Cited 210 times
Holding that the plaintiff could not maintain a cause of action for conversion because it "never had ownership, possession or control of the money constituting the June commissions."
Ford v. Unity Hosp
32 N.Y.2d 464 (N.Y. 1973) Cited 243 times
Holding that third-party defendant did not engage in "purposeful() avail(ment)" because it "purposefully avoided any contacts with New York, limiting its agency agreement . . . to certain States, excluding New York"
Kubin v. Miller
801 F. Supp. 1101 (S.D.N.Y. 1992) Cited 133 times
Holding that conversion claim was distinct from breach of contract claim where the plaintiff alleged wrongdoing distinct from the breach of contract claim
Moses v. Martin
360 F. Supp. 2d 533 (S.D.N.Y. 2004) Cited 93 times
Holding that the plaintiff's fraud claim was not duplicative of his contract claim where defendant had broad discretion to negotiate deals on plaintiff's behalf and plaintiff relied on defendant's advice in structuring deals based on defendant's superior knowledge
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 344,565 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 5-701 - Agreements required to be in writing
N.Y. Gen. Oblig. Law § 5-701 Cited 1,713 times 3 Legal Analyses
Stating that an oral agreement is void if “[b]y its terms is not to be performed within one year from the making thereof”

Adams v. Labaton Sucharow & Rudoff LLP

24 Cited authorities

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that the inclusion of descriptions of the parent-subsidiary relationship and the parent company's logo in the subsidiary's promotional literature did not justify piercing the corporate veil to reach the parent

Holding that a plaintiff, "in order to state a claim under § 20A, must plead as a predicate an independent violation of the" Exchange Act

Holding that there must be allegations that defendants made "a material, false representation, [with] an intent to defraud thereby," and that plaintiffs reasonably relied on the representation, resulting in injury to plaintiffs

Holding that broker was not entitled to commission where, even assuming he introduced the parties to each other, "he did not so much as lift a finger to do anything towards" the conclusion of the transaction

Holding that the plaintiff could not maintain a cause of action for conversion because it "never had ownership, possession or control of the money constituting the June commissions."

Holding that third-party defendant did not engage in "purposeful() avail(ment)" because it "purposefully avoided any contacts with New York, limiting its agency agreement . . . to certain States, excluding New York"

Holding that conversion claim was distinct from breach of contract claim where the plaintiff alleged wrongdoing distinct from the breach of contract claim

Holding that the plaintiff's fraud claim was not duplicative of his contract claim where defendant had broad discretion to negotiate deals on plaintiff's behalf and plaintiff relied on defendant's advice in structuring deals based on defendant's superior knowledge

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Stating that an oral agreement is void if “[b]y its terms is not to be performed within one year from the making thereof”